Term
|
Definition
A forum for the resolution of private disputes between two parties
An arbiter between and among different branches and levels of government
A policy making institution |
|
|
Term
| Hierarchical Jurisdiction |
|
Definition
| The authority a court has to serve in an original or an appellate role in the disposition of a case. |
|
|
Term
|
Definition
| The authority a court has to try a case on its facts and render a decision. |
|
|
Term
|
Definition
| The authority a court has to review cases that have already been adjudicated by other courts. |
|
|
Term
|
Definition
| The authority a court has to hear cases that arise within a specified geographical area. |
|
|
Term
| Subject Matter Jurisdiction |
|
Definition
| The authority a court has to hear cases of a particular kind; that is, to hear cases that fall within a given subject area. |
|
|
Term
|
Definition
| The authority a court has to hear cases in limited, specified categories. |
|
|
Term
|
Definition
| The authority a court has to hear a broad array of cases. |
|
|
Term
|
Definition
| The exclusive or concurrent authority a court has to hear a case |
|
|
Term
|
Definition
| The authority a court has to be the sole court to hear a given case |
|
|
Term
|
Definition
| Shared authority to hear a given case |
|
|
Term
| What are some of the federal courts of limited jurisdiction |
|
Definition
U.S. Court of Federal Claims (Article I)
Monetary damages against the U.S.
U.S. Court of International Trade (Article III)
Disputes over trade enforcement/tariffs
Tax Court (Article I)
Appeals from IRS after administrative appeals
U.S. Court of Appeals for Veterans Claims (Article I)
Appeals from Board of Veterans’ Appeals |
|
|
Term
| How are the federal district courts set up? |
|
Definition
94 federal judicial districts
At least 1 district in each state, including District of Columbia and Puerto Rico
Each district court includes a U.S. bankruptcy court
Appeals go to the U.S. Courts of Appeals
District court equivalents for territories = territorial courts
Three territorial courts
Guam
Northern Mariana Islands
U.S. Virgin Islands
Puerto Rico
Previously a territorial court created under Article I
Since 1966 a federal district court created under Article III
American Samoa
It does not have a federal district court
Highest court appointed by Secretary of the Interior |
|
|
Term
| What are the federal appeal courts and how are they set up? |
|
Definition
12 regional circuits
Each circuit consists of a collection of federal district courts
Also referred to as circuit courts
Primarily hears cases appealed from federal district courts
Appeals go to the U.S. Supreme Court |
|
|
Term
| What is the purpose of the US Federal Appeal Court for the Federal Circuit? |
|
Definition
12 judges serving life terms
Hears appeals from
Court of Federal Claims
Court of International Trade
Court of Appeals for Veterans Claims |
|
|
Term
| What is the purpose of the US Court of Appeal for the Armed Services? |
|
Definition
5 judges – all civilian
Hears appeals from military courts
Appeals go to the U.S. Supreme Court |
|
|
Term
|
Definition
| Courts created by Congress under article I of the US constitution. Set up by Congress to review agency decisions, ancillary courts with judges appointed by Article III appeals court judges, or administrative agencies. |
|
|
Term
|
Definition
| Courts that a defined under Article III of the US Constitution. These are the US Supreme Court and lower courts. The judiciary branch of the US. |
|
|
Term
| How many Supreme Court Justices are there? |
|
Definition
|
|
Term
| How are these Justices chosen? |
|
Definition
| Appointed by the President of the US and approved by the Senate. |
|
|
Term
| Is the number of Justices fixed? |
|
Definition
| No, the number can be increased by the President with the approval of Congress. |
|
|
Term
| What is the formal process of selecting a new Justice? |
|
Definition
Nominee vetting by White House staff
Nomination by the president
Referral to the Senate Judiciary Committee
Hearing(s)
Committee vote
Referral to the full Senate
Vote by full Senate |
|
|
Term
|
Definition
| Judicial committee chair give a blue piece of paper to the home state senators of the nominee, if they are a member of the President’s party. If the senator returns the paper than the committee kills the nominee; otherwise the nominee is good to go through the committee. |
|
|
Term
|
Definition
| Killing a judicial nominee for political ideological reasons |
|
|
Term
| Original Exclusive (sc authority) |
|
Definition
Cases in which states are suing each other
Cases against ambassadors or other diplomatic personnel |
|
|
Term
| Original Concurrent (sc authority) |
|
Definition
Cases brought by ambassadors
Cases involving controversies between the U.S. government and a state
Cases involving diversity of citizenship |
|
|
Term
| Appellate Jurisdiction (sc Authority) |
|
Definition
| As stipulated by Congress |
|
|
Term
|
Definition
| The power of a court to review the acts of other branches of government and the states to determine whether they are constitutional. |
|
|
Term
| What case was judicial review created in? |
|
Definition
|
|
Term
|
Definition
| The schedule of cases to be heard by a court. |
|
|
Term
|
Definition
| A legal procedure whereby an unsuccessful litigant in a lawsuit requests a higher court reverse the decision made by a lower court or agency as a matter of right. |
|
|
Term
|
Definition
| An order of an appellate court to an inferior court to send up the records of a case that the appellate court has elected to review. |
|
|
Term
|
Definition
| A procedure whereby a lower court requests that a superior court rule on specified legal questions so that the lower court may correctly apply the law. |
|
|
Term
| What is the most coming way of filling to the SCOTUS? |
|
Definition
|
|
Term
| How many case fillings does the SCOTUS get a year? |
|
Definition
|
|
Term
| What is an in forma papuperis? |
|
Definition
| Permission given by the court to a person to file a case without payment of the required court fees because the person cannot afford to pay the fees. |
|
|
Term
| What is meant by “Rule of Four”? |
|
Definition
| If four justices wish a case to be granted a hearing, the case is granted a hearing. |
|
|
Term
| What are the different types of legal briefs? |
|
Definition
Appellant’s (petitioner’s) legal brief
Appellee’s (respondent’s) legal brief
Appellant’s (petitioner’s) reply brief
Third party (amicus curiae) briefs |
|
|
Term
|
Definition
| A person (or group), not a party to the case, who submits views on how the case should be decided. |
|
|
Term
| Will oral argument always be heard and if so how long do they usually last? |
|
Definition
Oral argument may or may not be granted
Each side typically limited to 30 minutes |
|
|
Term
| Who writes the courts opinion and what is in it? |
|
Definition
Written by
By the Chief
By the Senior Associate
Details:
Facts of the case
Applicable rules of law
Issues or legal questions
Holding |
|
|
Term
| What is the holding in an opinion? |
|
Definition
A statement of the relevant rules of law and their application to the case at hand.
AKA: Ratio Decidendi, which means “the reason or rationale for the decision” |
|
|
Term
| What are the dicta of an opinion? |
|
Definition
| Those portions of a court opinion that are not essential to disposing of a case. |
|
|
Term
|
Definition
| Justice agrees with the outcome but not the reasoning relied on by majority to reach the outcome. |
|
|
Term
|
Definition
| Justice agrees with the outcome and the legal reasoning relied on by the majority to reach the outcome but wishes to clarify a point(s) made in the majority opinion. |
|
|
Term
|
Definition
| Justice disagrees with both the outcome and the reasoning relied on by the majority to reach the outcome. |
|
|
Term
|
Definition
| An unsigned or collectively written opinion. |
|
|
Term
|
Definition
| An opinion announcing the judgment of the court with supporting reasoning that is not endorsed by a majority of the justices participating. |
|
|
Term
|
Definition
| An opinion announcing the judgment of the court with supporting reasoning that is not endorsed by a majority of the justices participating. |
|
|
Term
|
Definition
| Judges rest their decisions on the plain meaning of the pertinent language (e.g., the Constitution, the statute in question). |
|
|
Term
|
Definition
| Judges rest their decisions on what they believe the preferences of those who drafted the statute or constitutional provision in question. |
|
|
Term
|
Definition
| Judges rest their decisions on the basis of prior decisions. |
|
|
Term
| What does living constitution theory say? |
|
Definition
| states that interpretation of the Constitution should be placed in the light of our entire history. |
|
|
Term
| What is legal distinction? |
|
Definition
| The legal difference between a case at hand and previous cases decided by the courts. Used to explain a decision when it seems to be contrary to a prior decision. |
|
|
Term
| What is the attitudinal model? |
|
Definition
Judges decide cases on the basis of the interaction of their ideological attitudes and values and the facts of a case.
No electoral accountability
No ambition for higher office
No fear of reversal
Control over jurisdiction |
|
|
Term
| What is the strategic model? |
|
Definition
| Judges decide cases on the basis of the interaction of their ideological attitudes and values and the facts of a case and in light of the decisions they expect other relevant actors to make. |
|
|
Term
| Who are the other actors in the strategic model? |
|
Definition
Congress – can override statutory decisions, change the jurisdiction of the Court, or begin the process of amending the constitution
President – charged with implementing decisions
Public – complies with decisions |
|
|
Term
|
Definition
| Stare decisis should sometimes be sacrificed to adapt to changing conditions. |
|
|
Term
|
Definition
| Courts should avoid overturning a prior court decision. |
|
|
Term
|
Definition
An extreme form of Judicial Restraint
Judges who believe in restoring the original meaning of the Constitution by ignoring stare decisis until liberal decisions have been reversed. |
|
|
Term
|
Definition
| The government gives certain rights to federal government and others to the state government. |
|
|
Term
| What are some of the types of cases only the state can hear? |
|
Definition
|
|
Term
|
Definition
Private wrong, no criminal penalties
Governs relations among groups and individuals. |
|
|
Term
|
Definition
Public wrong, criminal penalties sought by the state.
Governs relations between individuals and society. |
|
|
Term
| What do the appellate courts at the state level review? |
|
Definition
| Alleged procedural mistakes or error of law. |
|
|
Term
| How are Texas and Oklahoma courts of last appeal different from other states? |
|
Definition
| There are two courts of last appeals in TX and OK, while every other state just has one. |
|
|
Term
| What are the courts of general jurisdiction in Texas? |
|
Definition
| General jurisdiction: District Courts: 449 courts |
|
|
Term
| What are the courts of limited jurisdiction in Texas? |
|
Definition
| Limited jurisdiction: County level courts: 499 courts, Municipal courts: 913 courts, Justice of the Peace courts: 821 courts |
|
|
Term
| How many courts of appeals are there in Texas and how are they set up? |
|
Definition
| 14 courts set up in regional jurisdictions |
|
|
Term
| What is the Texas Supreme Court and what kind of cases does it hear? |
|
Definition
| Texas Supreme Court is the court of last resorts that hears all final appeals for civil cases. |
|
|
Term
| What is the texas court of criminal appeals and what kinds of cases does it hear? |
|
Definition
| Court of Criminal Appeal: Court of last resort that hears all final appeals for criminal cases. Has to hear all appeals in cases involving the death penalty. |
|
|
Term
| What is a court of records? |
|
Definition
| A court that has a stenographer to take records of the proceedings. |
|
|
Term
| Explain diversity of citizenship. |
|
Definition
Civil cases where both litigants are from different states and the amount exceeds $75,000.
What are the jurisdictions of the federal and state courts?
Federal jurisdiction: diversity of citizenship and on questions about the
US constitution |
|
|
Term
|
Definition
| any case that is not exclusive to the jurisdiction of a federal court. |
|
|
Term
|
Definition
| All candidates have a party label. |
|
|
Term
|
Definition
| No party label attached to any of the candidates. |
|
|
Term
| Gubernatorial appointment |
|
Definition
| The governor appoints new judges to the bench. |
|
|
Term
|
Definition
| The state legislature appoints new judges to the bench. |
|
|
Term
|
Definition
| A list of potential new judges are drawn up by a panel of lawyers, justice, and lay people. After, the governor picks one of the judges from the list to be appointed. The judge then serves for about two years and then a retention election is held to decide to keep the judge there or not. The people then vote up or down in an uncontested election whither to keep the judge or not. |
|
|
Term
| What is the most popular selection method today? |
|
Definition
|
|
Term
|
Definition
| Judges should be accountable to the public or elected officials. |
|
|
Term
|
Definition
| Judges should be free from public pressure so they can render a decision with the best knowledge of the law that they have. |
|
|
Term
| How do we select judges is most of Texas? |
|
Definition
|
|
Term
| What are some of the problems with picking judges in a Partisan election? |
|
Definition
They have to raise money so they might become indebted to lawyer who gave to their campaign.
Also, because there are party labels people might vote for a judge because they relate to their ideology and not how good of a job they will actually do on the bench. |
|
|
Term
| What are civil liberties? |
|
Definition
| The fundamental individual rights of a free society, such as freedom of speech, and the right to a jury trial, which are protected by the Bill of Rights (in the U.S.). |
|
|
Term
|
Definition
| The fundamental rights enjoyed by every person to equal protection under the laws and equal access to society’s opportunities and public facilities. |
|
|
Term
| What has shaped our civil liberties? |
|
Definition
Evolution of civil liberties in the United States has been shaped by Supreme Court rulings
Also affected by:
Political debates
Interest group activism
Election outcomes |
|
|
Term
| What is selective incorporation? |
|
Definition
Bill of Rights originally applied only to national government, not the states
Language in the 14th Amendment applied the due process clause to the states
But, the Supreme Court did not immediately conclude that the states must abide by the entire Bill of Rights
Gradual approach: selective incorporation |
|
|
Term
| What are the Civil War Amendments? |
|
Definition
| 13th, 14th, 15th amendments |
|
|
Term
| Explain how the due process clause has affected civil liberties. |
|
Definition
| It has allowed the Bill of Rights to be incorporated into state laws. |
|
|
Term
| What does it mean to have freedom of expression? |
|
Definition
| The right of individuals to hold and communicate views of their choosing. |
|
|
Term
| What is the clear and present danger test? |
|
Definition
| The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent.” |
|
|
Term
| What is the bad tendency test? |
|
Definition
| Do the words used have the tendency to bring about an evil result? |
|
|
Term
| What is the clear and probable danger test? |
|
Definition
| Whether the gravity of the ‘evil’ discounted by its improbability, justifies such invasion of free speech as is necessary to avoid the danger.” |
|
|
Term
|
Definition
Action for the purpose of expressing a political opinion.
Burning a Draft Card
*United States v. O'Brien (1968)
Wearing a black arm band in protest
* Tinker v. Des Moines (1969)
Burning the flag
* Texas v. Johnson (1989) |
|
|
Term
|
Definition
| [T]hose [words] which by their very utterance inflict injury or tend to incite an immediate breach of the peace.” |
|
|
Term
|
Definition
| Material that is abhorrent to morality or virtue; specifically designed to incite lust or depravity. |
|
|
Term
|
Definition
| : A tort consisting of a false and malicious publication printed for the purpose of defaming one who is living |
|
|
Term
What are the rights of the criminally accused?Protection against unreasonable search and seizure
Protection against self-incrimination
Right to the assistance of an attorney
Protection against cruel and unusual punishment
Right to a jury trial |
|
Definition
|
|
Term
| What is the exclusionary rule? |
|
Definition
The principle that evidence gathered illegally may not be admitted into court.
v |
|
|
Term
|
Definition
| Clearing from alleged fault or guilt |
|
|
Term
|
Definition
| Clearing from alleged fault or guilt |
|
|
Term
|
Definition
|
|
Term
| Why do you have a right to council? |
|
Definition
| From the very beginning, our state and national constitutions and laws have laid great emphasis on procedural and substantive safeguards designed to assure fair trials before impartial tribunals in which every defendant stands equal before the law. This noble ideal cannot be realized if the poor man charged with crime has to face his accusers without a lawyer to assist him.” |
|
|
Term
| What does it mean to be cruel and unusual punishment? |
|
Definition
| The punishment must be commensurate with the crime. Any overly excessive punishment is illegal. |
|
|
Term
| What does the right to privacy come from and why do we have it? |
|
Definition
Griswold v Connecticut. Though the Constitution does not explicitly protect a general right to privacy, the various guarantees within the Bill of Rights create penumbras, or zones, that establish a right to privacy.
First Amendment right of association
Third Amendment prohibition against the quartering of soldiers without the consent of the house’s owners
Fourth Amendment prohibition against unreasonable searches and seizures
Fifth Amendment protection against self incrimination
Ninth Amendment declaration that rights not specifically enumerated in the Constitution are retained by the people |
|
|
Term
|
Definition
| Each person has the same chance to succeed in life. |
|
|
Term
|
Definition
| Each person has the same chance to succeed in life and enjoys economic and social equality. |
|
|
Term
| What did the black codes do? |
|
Definition
| Denied numerous economic and social rights to freed slaves. |
|
|
Term
| What did the NAACP legal defense fund do? |
|
Definition
| The NAACP Legal Defense Fund mounted a strong legal campaign against segregation, particularly in the school system |
|
|
Term
| How does the strict scrutiny standard work? |
|
Definition
Must be a compelling state interest
Means must be least restrictive means for achieving those ends |
|
|
Term
|
Definition
| By law, government-imposed segregation |
|
|
Term
|
Definition
| By fact, segregation not the result of government influence |
|
|
Term
| What are some of the definitions of affirmative action? |
|
Definition
Race-neutral assurance against actual discrimination.
Programs and policies that grant favorable treatment on the basis of race or gender to governmentally-defined disadvantaged groups. |
|
|
Term
| Where does gender inequality stem from? |
|
Definition
|
|
Term
| What are some of the historical moments in the women’s rights movement? |
|
Definition
1920: 19th Amendment
1963: Equal Pay Act
1972: Congress voted in favor of the Equal Rights Amendment (never ratified)
1972: Title IX of the Education Amendments to the Civil Rights Act |
|
|
Term
| What is heightened scrutiny? |
|
Definition
Must be an important governmental interest
Means must be substantially related to achieving those ends |
|
|
Term
| Schenck v. United States (1919): |
|
Definition
| Where clear and present danger test was created |
|
|
Term
| Abrams v. United States (1919) |
|
Definition
| Where the bad tendency test was created. |
|
|
Term
| Dennis v. United States (1951) |
|
Definition
| Where the clear and probable danger test was created. |
|
|
Term
|
Definition
| Case which decided that flag burning was protected speech. |
|
|
Term
| New York Times v. Sullivan (1964) |
|
Definition
| A case that deal with libel when dealing with public officials. It says that to recover damages for defamatory falsehood, a public official must prove that the statement was false, damaging, and made with actual malice |
|
|
Term
|
Definition
| Applied the exclusionary rule to the states. |
|
|
Term
| Miranda v. Arizona (1966) |
|
Definition
| Developed the Miranda Rights, which must be read to any person who is going to be taken into police custody. |
|
|
Term
| Griswold v. Connecticut (1965) |
|
Definition
| Developed the concept of the right to privacy. |
|
|
Term
|
Definition
|
|
Term
| Civil Rights Cases (1883) |
|
Definition
| Held that Congress could prohibit only state or governmental discriminatory action |
|
|
Term
| Plessy v. Ferguson (1896): |
|
Definition
| Upheld state-imposed racial segregation. Establishing the doctrine of separate but equal. |
|
|
Term
|
Definition
| Helped wither away the separate but equal clause. UT law school not equal. |
|
|
Term
| Brown v. Board of Education I (1954) |
|
Definition
| Ended the separate but equal clause and forced school integration. |
|
|
Term
| Brown v. Board of Education II (1955) |
|
Definition
| Talked about how the school needed to be integrated. |
|
|
Term
| Grutter v. Bollinger (2003) |
|
Definition
| Reaffirmed that it is ok to use race as a factor in selecting someone for admittance into a program. As long as it is not the only factor in making the final decision. |
|
|
Term
| Regents of the University of California v. Bakke (1978) |
|
Definition
| Racial quota violate the 14th amendment, but race can be factored into the decision making process of accepting an applicant. |
|
|
Term
| Loving v. Virginia (1967) |
|
Definition
| Said that having a interracial marriage ban was illegal because it served no purpose other than racial discrimination. |
|
|
Term
| Gratz v. Bollinger (2003) |
|
Definition
| Decided that it was not ok to have a point system that gives an excessively high amount of points toward admission based on targeted minority groups. |
|
|
Term
| What is felon disenfranchisement? What are the arguments for and against it? |
|
Definition
Laws that prevent those with felony convictions from voting
For: Maintain the Purity of the Ballot Box
Punishment for Violating the Social Contract
Retribution
Against: Does not improve the purity of the ballot box
Does not serve any other goal of punishment than retribution
Rehabilitation
Deterrence
Incapacitation |
|
|
Term
| How does Texas handle felon disenfranchisement? |
|
Definition
As of 1997, felons in Texas regain their right to vote after they complete their sentence, including any term of incarceration, parole, or probation
Signed into law by Governor Bush |
|
|
Term
| How many felons are disenfranchised? Who is the largest group? |
|
Definition
| 5.3 million Americans. African Americans |
|
|
Term
| What is a sex offender registry? What are the arguments for and against it? |
|
Definition
Laws that require convicted sex offenders to register with the state and/or local departments of public safety.
For: They are regulatory measures to provide an effective tool for law enforcement
They can prevent further acts of sexual misconduct
They help the public protect itself
Against: They are punitive and therefore illegal
The 5th Amendment to the Constitution prohibits being punished twice for the same offense
They encourage vigilante behavior
They ignore rehabilitation |
|
|
Term
| How did sex offender registries get started? |
|
Definition
|
|
Term
| How does the sex offender registry work in Texas? Are there any alternatives? |
|
Definition
(a) indecency with a minor;
(b) sexual assault;
(c) aggravated sexual assault;
(d) prohibited sexual conduct;
(e) compelling prostitution;
(f) sexual performance by a minor;
(g) possession or promotion of child pornography;
(h) aggravated kidnapping, if the offender committed the offense with the intent to violate or abuse the victim sexually;
Must provide the following information
(a) full name and any aliases used;
(b) date of birth;
(c) sex;
(d) race;
(e) height and weight;
(f) hair and eye color;
(g) social-security number;
(h) driver’s license number;
(i) shoe size;
(j) home address;
(k) photograph; and
(l) a complete set of fingerprints;
(2) the type of offense for which the offender was convicted;
(3) the age of the victim;
(4) the date of conviction and punishment received;
The alternative is a leveled system that decides how much information you need to give and who can view it by how serious the sex crime you committed was. |
|
|
Term
| What is the SCOTUS opinion on sex offender registries? |
|
Definition
| Though it has not definitively ruled as to whether the government can enact such laws with regards to the 5th Amendment’s prohibition on Double Jeopardy, it appears a 6-3 majority of the Court views the laws as regulatory measures and, therefore, legal |
|
|
Term
| What is a residency requirement? |
|
Definition
many cities and counties have residency restrictions on where convicted sex offenders can live
Typically, these state that a sex offender cannot live within 1,000-3,000 feet of a school, park, or day care center. |
|
|
Term
| How do most states deal with same-sex marriages? What is Texas’s view? |
|
Definition
| Most states ban same sex marriage, except Connecticut, Iowa, Vermont, and Massachusetts. Therefore, it is banned in Texas by a constitutional measure. |
|
|
Term
| What did the defense of marriage act do? |
|
Definition
The Defense of Marriage Act (1996)
Declares that states are not obligated to recognize any same-sex marriages that might be legally sanctioned in other states
Defined marriage and spouse in heterosexual terms for federal law |
|
|
Term
| What are the arguments for and against legalizing same sex marriages? |
|
Definition
For: It is not a religious issue
It is a legal issue
Equal Protection Clause (14th Amendment)
Against: Marriage has historically been defined as between one man and one woman
The traditional heterosexual marriage fosters the well being of children
It will spell the end of marriage itself |
|
|
